HomeMy WebLinkAbout12-19-22 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
1. Minutes of the December 5 and December 12, 2022 Council meetings ATTACHMENT A
2. Accounts Payable
Approval of EFT Payments and Claims Checks: #107058 through #107170
dated December 6, 2022 through December 19, 2022 in the amount of
$1,672,876.15; and Approval of Payroll EFT Payments and Checks #30232
through #30238, dated November 1, 2022 through November 31, 2022,
in the amount of $1,287,117.49
3. Professional Services Agreement for Airport On-Call Engineer ATTACHMENT B
4. Ordinance Relating to State Required Compost Procurement ATTACHMENT C
PUBLIC HEARING
NEW BUSINESS
1. Salary Schedule for Non-Represented Employees ATTACHMENT D
Staff Presentation: Paul Ellis
Council Liaison: Debora Nelson
2. Modifications to the Employee Policy Handbook ATTACHMENT E
Staff Presentation: Paul Ellis
Council Liaison: Heather Logan
Arlington City Council Meeting
Monday, December 19, 2022 at 7:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
3. Recruitment Incentive for Critical Positions ATTACHMENT F
Staff Presentation: Paul Ellis
Council Liaison: Don Vanney
4. Recruitment Incentive for Commissioned Police Positions ATTACHMENT G
Staff Presentation: Paul Ellis
Council Liaison: Michele Blythe
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, December 5, 2022
Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam.
Council Members Absent: Marilyn Oertle, excused.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Jim Kelly, Kris Wallace, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney and David Paul, who joined with Zoom. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Tolbert introduced David Paul, state representative from the 10th legislative district. Rep Paul introduced himself further, and stated he is happy to represent Arlington in Olympia.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the November 21 and November 28, 2022 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #106972 through #107057 dated November 22, 2022 through December 5, 2022 for $1,701,879.38.
City Council Meeting
Minutes of the City of Arlington City Council Meeting December 5, 2022
Page 2 of 3
PUBLIC HEARING
Ordinance Amending the 2022 Budget Finance Director Kristin Garcia requested Council approve the ordinance amending the 2022 budget section of the 2021-2022 biennial budget.
7:08 p.m. Mayor Tolbert opened the public hearing. 7:08 p.m. With no members of the public wishing to speak, the public hearing was closed. 7:08 p.m. Council comments and questions were opened. Mayor Pro Tem Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the ordinance amending the 2022 budget section of the 2021-2022 biennial budget for the City of Arlington, and authorized the Mayor to sign the ordinance. The motion passed unanimously.
NEW BUSINESS
Ordinance Amending the Consumer Price Index Increases in the Arlington Municipal
Code Pertaining to Utility Rates Public Works Director Jim Kelly requested Council approve the ordinance amending Arlington Municipal Code (AMC) 13.12 allowing the City to reduce implementation of the 2023 mandatory water, sewer, and stormwater utility rate increases. Councilmember Debora Nelson moved and Councilmember Heather Logan seconded the motion to approve the ordinance reducing the scheduled 2023 CPI increase to the water, sewer, and stormwater utility rates, and authorized the Mayor to sign the ordinance. The motion passed unanimously.
Appointment of Pro Committee for Vote of Transportation Benefit District Renewal City Administrator Paul Ellis requested Council appoint a pro committee for vote of the Transportation Benefit District renewal. On November 7, a resolution was approved for a ballot proposition at the February 14, 2023 special election.
Councilmember Jan Schuette moved and Councilmember Heather Logan seconded the motion to appoint Linda Byrnes and Bob Nelson to the Pro Committee for the Transportation Benefit District renewal and sales tax ballot measure. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan provided information regarding the Snohomish Health District and Snohomish County merger. Councilmember Michele Blythe stated she volunteered at the Santa Run Sunday night for the first time, and it was a wonderful experience. Councilmember Don Vanney also volunteered Sunday night at the Santa Run and thanked everyone who participated. Councilmember Debora Nelson stated she appreciates the City’s website update, and also thanked the Arlington Police for their service–especially last week.
Minutes of the City of Arlington City Council Meeting December 5, 2022
Page 3 of 3
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert provided an update regarding the opioid settlement fund. She also thanked Sarah Lopez for organizing the Hometown Holidays events.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:21 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers 110 East 3rd Street Monday, December 12, 2022
Councilmembers Present: Don Vanney, Marilyn Oertle, Jan Schuette, Michele Blythe, Yvonne Gallardo-Van Ornam, and Heather Logan, via Zoom.
Council Members Absent: Debora Nelson, excused.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Marty Wray, Silvana Vasquez, Jim Kelly, Tony Orr, City Attorney Steve Peiffle, and Julie Petersen.
Also Known to be Present: Kathy Vanney.
Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Professional Services Agreement for Airport On-Call Engineer Airport Operations Manager Marty Wray reviewed the Professional Services Agreement for the Airport On-Call Engineer. Dowl Engineering has been the airport’s on-call engineering consultant for the last five years. They have helped the airport complete over $9.3 million in projects that have been funded by the airport as well as by the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Of the $6.7 million in AIP-eligible projects, Dowl Engineering has helped the airport maximize their sponsor match by efficiently engineering over $6.1 million in FAA funding, or 92% of total project costs. Since 2018, they have successfully completed many improvement projects at the airport including Runway asphalt mill and overlay on both runways, lighting rehabilitation and installation, crack seal and seal coat, and other pavement improvements. Since the projects were completed within the anticipated schedule and budget, Dowl Engineering has been honored to receive awards from the American Council of Engineering Companies (ACEC) and the Northwest Chapter of the American Association of Airport Executives’ (NWAAAE) for their successful fulfillment of client and owner needs and excellence, respectively. Discussion followed with Mr. Wray answering Council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop December 12, 2022
Page 2 of 2
Ordinance Relating to State Required Compost Procurement In March 2022, the Engrossed Second Substitute House Bill (ESSHB) 1799, concerning organic materials management, was passed by Washington State legislature, signed by the Governor, and codified into RCW chapter 43.19A. By January 1, 2023, cities or counties meeting the criteria set forth in RCW 43.19A must adopt a “Compost Procurement Ordinance” requiring that the procurement and use of compost products be considered and requiring that the City plan for the use of compost on the following government funded projects except in limited circumstances; Landscaping projects, Construction and post-construction soil amendments, Applications to prevent erosion, filer stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and Low-impact development and green infrastructure to filter pollutants and/or keep water on-site. Discussion followed with Mr. Kelly answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT None.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS None.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put items #1 and #2 on the Consent Agenda for the December 19, 2022 Council meeting.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:12 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
next five years. Dowl’s contract term will end at the end of January, which required the airport to complete a formal Request for Qualifications (RFQ) for airport engineering services. Although, there were a few inquiries from interested consulting firms, Dowl was the only consultant that responded to the RFQ. Many consulting firms mentioned that they would participate in an upcoming Airport Master Plan RFQ as many of the airport’s larger construction projects have recently been completed. Airport staff is pleased with Dowl’s relationship with airport staff, their quality of work and attention to detail on projects. Dowl demonstrated in their submittal, preparedness with project document examples and a decisive plan for project outcomes. If awarded, Dowl will work with airport staff on the following projects: Fencing Projects, Taxiway
Administration (FAA) Airport Improvement Program (AIP). Of the $6.7 million in AIP-eligible projects, Dowl Engineering has helped the airport maximize their sponsor match by efficiently engineering over $6.1 million in FAA funding, or 92% of total project costs. Since 2018, they have successfully completed many improvement projects at the airport including runway asphalt mill and overlay on both runways, lighting rehabilitation and installation, crack seal and seal coat, and other pavement improvements. Since the projects were completed within the anticipated schedule and budget, Dowl Engineering has been honored to receive awards from the American Council of Engineering Companies (ACEC) and the Northwest Chapter of the
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
425-869-2670 ■ 8410 154th Avenue NE, Suite 120 ■ Redmond, Washington 98052 ■ www.dowl.com
December 5, 2022
Mr. Marty Wray
Operations Manager
City of Arlington
Arlington Municipal Airport
18204 59th Ave NE, Ste A
Arlington, WA 98223
Subject: Arlington Municipal Airport (AWO)
DOWL Project Synopsis at AWO
Dear Marty:
We have had the privilege of being your on-call airport engineering consultant at AWO for the
last five years, and we look forward to the opportunity to continue to serve you for the next five
years. In the last five years we have helped you to complete over $9.3 million in projects at
AWO, funded by both the Federal Aviation Administration (FAA) Airport Improvement Program
(AIP) as well as airport funded, non-AIP eligible projects. Of the approximately $6.7 million in
AIP-eligible projects completed, we have helped you maximize your sponsor match by securing
over $6.1 million in FAA funding, or 92% of total project costs.
Below is a summary of the projects we have completed as a team since 2018:
• 2018 Crack Seal & Seal Coat Project. This project sealed cracks on Runway 16-34,
Taxiway A, and Taxiway B and their associated connector taxiways. A seal coat and
new paint markings were applied to Runway 16-34 and Taxiway A. This project helped
to preserve the condition of existing pavements until more significant rehabilitation could
be undertaken.
• 2018 Pavement Improvements. This project included reconstructing taxiway and
taxilane pavements, a portion of the airport trail adjacent to 59th Ave NE, and
reconstruction and new pavement construction for several airport tenants.
• 2019 Runway 11/29 Mill & Overlay. This project completed a 3-inch asphalt mill and
overlay of Runway 11/29 and portions of adjacent connector taxiways, and applied new
paint markings to enhance visibility.
• 2020 Taxiway B Asphalt Mill & Overlay. This project completed a 2.5-inch asphalt mill
and overlay of Taxiway B and connector Taxiways B2, B3, and B4 to extend the
pavement life. An old connector taxiway and additional excess pavement areas were
also removed and replaced with grass to facilitate drainage.
• 2020 Taxiway B Lighting Installation. This project installed new LED taxiway edge
lighting to Taxiway B and connector Taxiways B2, B3, and B4.
Marty Wray
City of Arlington – Arlington Municipal Airport (AWO)
December 5, 2022
Page 2 of 2
• 2020 Runway 16-34 Lighting Rehabilitation. This project replaced the edge lighting
and lighted signs with a new LED system along the full length of Runway 16-34. A new
LED Runway End Identifier was also installed on Runway 16, and new Precision
Approach Path Indicators were installed at both ends of Runway 16-34.
• 2022 Runway 16-34 Asphalt Mill & Overlay. This project completed a 3-inch asphalt
mill and overlay of Runway 16-34 to extend the useful life of the runway pavement. New
paint markings were also applied, with the final coat to be applied in the Spring of 2023.
Through careful planning and coordination, all of these projects were completed successfully
and within the anticipated budget and schedule. Additionally, we have been honored to receive
the awards listed below for work on your projects:
• The Runway 11/29 Mill & Overlay project won the American Council of Engineering
Companies (ACEC) Silver award for Successful Fulfillment of Client/Owner Needs.
• Wes Holden recently won the Northwest Chapter of the American Association of Airport
Executives’ (NWAAAE) Corporate Award of Excellence, as nominated by Marty Wray in
recognition of his service for your airport.
It has been a pleasure working with you and we look forward to the opportunity to continue to
serve as your on-call airport engineer at AWO.
Sincerely,
DOWL
Wes Holden, PE
Project Manager
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 31st day of January, 2023
by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, Dowl, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall begin on the last day of January 2023 and shall be terminated on
the last day of January 2028, unless sooner terminated according to the provisions
herein.
3. Compensation and Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved
in writing by the CITY.
3.2 No payment shall be made for any service rendered by the CONSULTANT except
for services identified and set forth in this Agreement.
3.3 The CITY shall pay the CONSULTANT for work performed under this Agreement
as follows: CONSULTANT shall submit monthly invoices detailing work performed
and expenses for which reimbursement is sought. CITY shall approve all invoices
before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 CITY shall pay CONSULTANT for such services: (check one)
Hourly: $ __________ per hour, plus actual expenses, but not
to exceed a total of $___________ without an amendment to
the contract.
Fixed Sum: A total amount of $XXXXXXX in accordance with the
fee schedule contained in Exhibit B for all work performed and
expenses incurred under this contract. .
Other: An hourly fee plus reimbursement of expenses per the
scope of work attached as Exhibit A, but not to exceed $X for all
work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
its discretion, conduct an audit at its expense, using its own or outside auditors,
of the CONSULTANT'S activities which relate, directly or indirectly, to this
Agreement.
PROFESSIONAL SERVICE AGREEMENT 3
5. Independent Contractor Relationship.
5.1 The parties intend that an independent CONSULTANT/CITY relationship will be
created by this Agreement. The CITY is interested primarily in the results to be
achieved; subject to paragraphs herein, the implementation of services will lie
solely with the discretion of the CONSULTANT. No agent, employee, servant or
representative of the CONSULTANT shall be deemed to be an employee, agent,
servant or representative of the CITY for any purpose, and the employees of the
CONSULTANT are not entitled to any of the benefits the CITY provides for its
employees. The CONSULTANT will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the CONSULTANT is an
independent contractor with the authority to control and direct the performance
of the details of the work, however, the results of the work contemplated herein
must meet the approval of the CITY and shall be subject to the CITY'S general
rights of inspection and review to secure the satisfactory completion thereof.
6. CONSULTANT Employees/agents
The CITY may at its sole discretion require the CONSULTANT to remove any employee,
agent or servant from employment on this Project. The CONSULTANT may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification.
7.1 CONSULTANT shall indemnify and hold the CITY, its officers, officials, and
employees harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the negligent acts, errors
or omissions of the CONSULTANT in performance of this Agreement.
In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the CONSULTANT's negligence. It is further
specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement, though no
indemnification claim shall lie after any applicable underlying limitation of
action(s) has run.
PROFESSIONAL SERVICE AGREEMENT 4
8. Insurance. The CONSULANT shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder by
the CONSULTANT, its agents, representatives, or employees.
8.1 Insurance Term. The CONSULTANT shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents,
representatives, or employees.
8.2 No Limitation. The CONSULTANT’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the CONSULTANT to
the coverage provided by such insurance, or otherwise limit the CITY’s recourse
to any remedy available at law or in equity.
8.3 Minimum Scope of Insurance. The CONSULTANT shall obtain insurance of
the types and coverage described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be as least as broad as Insurance Services
Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The CITY shall be named as an additional insured under
the CONSULTANT’s Commercial General Liability insurance policy with
respect to the work performed for the CITY using an additional insured
endorsement at least as broad as ISO CG 20 26.
c. Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the CONSULTANT’s profession.
8.4 Minimum Amounts of Insurance. The CONSULTANT shall maintain the
following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
PROFESSIONAL SERVICE AGREEMENT 5
b. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
8.5 Other Insurance Provision. The CONSULTANT’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the CONSULTANT’s insurance and shall not contribute with it.
8.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:V.
8.7 Verification of Coverage. The CONSULTANT shall furnish the CITY with
original certificates and a copy of the amendatory endorsements, including but
not necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the CONSULTANT before commencement of the
work.
8.8 Notice of Cancellation. The CONSULTANT shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
8.9 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to
maintain the insurance as required shall constitute a material breach of contract,
upon which the CITY may, after giving five business days’ notice to the
CONSULTANT to correct the breach, immediately terminate the contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the CITY on
demand, or at the sole discretion of the CITY, offset against funds due the
CONSULTANT from the CITY.
8.10 CITY Full Availability of CONSULTANT Limits. If the CONSULTANT maintains
higher insurance limits than the minimums shown above, the CITY shall be
insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the CONSULTANT, irrespective of whether such
limits maintained by the CONSULTANT are greater than those required by this
contract or whether any certificate of insurance furnished to the CITY evidences
limits of liability lower than those maintained by the CONSULTANT.
PROFESSIONAL SERVICE AGREEMENT 6
9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name
of the CITY and the CITY shall become the owner of the project specific work product
and other documents, if any, prepared by the CONSULTANT pursuant to this Agreement.
10. Compliance with Law/FAA Requirements.
10.1 The CONSULTANT, in the performance of this Agreement, shall comply with all
applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation,
and licensing of individuals, and any other standards or criteria as described in
this Agreement to assure quality of services.
10.2 The CONSULTANT specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
10.3 Access to Records and Reports. The CONSULTANT must maintain an acceptable
cost accounting system. The CONSULTANT agrees to provide the sponsor, the
Federal Aviation Administration, and the Comptroller General of the United
States or duly authorized representatives, access to any books, documents,
papers, and records of the CONSULTANT which are directly pertinent to the
specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The CONSULTANT agrees to maintain all books, records and
reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
10.4 General Civil Rights Provisions. The CONSULTANT agrees to comply with
pertinent statutes, Executive Orders and such rules as are promulgated to ensure
that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance. This provision binds the CONSULTANT and
sub tier contractors from the bid solicitation period through the completion of
the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
10.5 Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
10.6 Compliance with Nondiscrimination Requirements. During the performance of
this contract, the CONSULTANT, for itself, its assignees, and successors in interest
(hereinafter referred to as the “CONSULTANT”) agrees as follows:
PROFESSIONAL SERVICE AGREEMENT 7
a. Compliance with Regulations: The CONSULTANT will comply with the
Title VI List of Pertinent Nondiscrimination Acts And Authorities, as
they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
b. Non-discrimination: The CONSULTANT, with regard to the work
performed by it during the contract, will not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONSULTANT will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix
B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding, or
negotiation made by the CONSULTANT for work to be performed
under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be
notified by the CONSULTANT of the CONSULTANT’s obligations under
this contract and the Nondiscrimination Acts And Authorities on the
grounds of race, color, or national origin.
d. Information and Reports: The CONSULTANT will provide all
information and reports required by the Acts, the Regulations, and
directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as
may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts And Authorities and instructions. Where any
information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish the information, the
CONSULTANT will so certify to the sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance: In the event of a CONSULTANT’s
noncompliance with the Nondiscrimination provisions of this
contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
1. Withholding payments to the CONSULTANT under the
contract until the CONSULTANT complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or
in part.
PROFESSIONAL SERVICE AGREEMENT 8
f. Incorporation of Provisions: The CONSULTANT will include the
provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,
Required Contact Provisions Issued on January 29, 2016 Page 19 AIP
Grants and Obligated Sponsors Airports (ARP) unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The
CONSULTANT will take action with respect to any subcontract or
procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the CONSULTANT
becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the
CONSULTANT may request the sponsor to enter into any litigation to
protect the interests of the sponsor. In addition, the CONSULTANT
may request the United States to enter into the litigation to protect
the interests of the United States.
10.7 Applicable Nondiscrimination Statutes. During the performance of this contract,
the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter
referred to as the “CONSULTANT”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights
Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms “programs or activities”
PROFESSIONAL SERVICE AGREEMENT 9
to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189)
as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national
origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or
activities (20 U.S.C. 1681 et seq).
10.8 Texting While Driving. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes
by distracted drivers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the CONSULTANT to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The CONSULTANT
must include the substance of this clause in all sub-tier contracts exceeding $3,500 and
involve driving a motor vehicle in performance of work activities associated with the
project.
PROFESSIONAL SERVICE AGREEMENT 10
10.9 Energy Conservation Requirements. CONSULTANT and its subcontractors agree
to comply with mandatory standards and policies relating to energy efficiency as
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201et seq).
10.10 Federal Fair Labor Standards Act. All contracts and subcontracts that result from
this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal
Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.
The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards
for full and part time workers. The CONSULTANT has full responsibility to monitor
compliance to the referenced statute or regulation. The CONSULTANT must address any
claims or disputes that arise from this requirement directly with the U.S. Department of
Labor – Wage and Hour Division.
10.11 Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this solicitation incorporate by reference the requirements of 29 CFR Part
1910 with the same force and effect as if given in full text. CONSULTANT must provide a
work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The CONSULTANT retains full responsibility to monitor
its compliance and their subcontractor’s compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). CONSULTANT
must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor – Occupational Safety and Health Administration.
10.12 Trade Restriction Certification. By submission of an offer, the CONSULTANT
certifies that with respect to this solicitation and any resultant contract, the
CONSULTANT -
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms as published
by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country included on the list
of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the
Federal on the project that is produced in a foreign country included on the list
of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
PROFESSIONAL SERVICE AGREEMENT 11
The CONSULTANT must provide immediate written notice to the Owner if the
CONSULTANT learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The
CONSULTANT must require subcontractors provide immediate written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or
subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign
country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country
on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of CONSULTANT is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The CONSULTANT agrees that it will incorporate this provision for certification without
modification in in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the CONSULTANT has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the CONSULTANT or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration may
direct through the Owner cancellation of the contract or subcontract for default at no
cost to the Owner or the FAA.
10.13 Veteran’s Preference. In the employment of labor (excluding executive,
administrative, and supervisory positions), the CONSULTANT and all sub-tier contractors
must give preference to covered veterans as defined within Title 49 United States Code
Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference
PROFESSIONAL SERVICE AGREEMENT 12
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
10.14 Certification Regarding Lobbying. The CONSULTANT certifies by signing and
submitting this agreement, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10.15 Clean Air and Water Pollution Control. CONSULTANT agrees to comply with all
applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ 1251-1387). The CONSULTANT agrees to report any violation to the Owner
immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
PROFESSIONAL SERVICE AGREEMENT 13
CONSULTANT must include this requirement in all subcontracts that exceeds $150,000.
10.16 Certification of CONSULTANT regarding Debarment. The CONSULTANT certifies
that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
10.17 Certification of CONSULTANT regarding Tax Delinquency and Felony Convictions
1) CONSULTANT represents that it is not a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The CONSULTANT represents that it is not a corporation that was
convicted of a criminal violation under any Federal law within the preceding 24 months.
10.18 Disadvantaged Business Enterprises Provisions. CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of Department of Transportation-assisted contracts.
Failure by the Contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as
the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
11. Breach of Contract. Any violation or breach of terms of this contract on the part
of the contractor or its subcontractors may result in the suspension or termination of
this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement.
Owner will provide CONSULTANT written notice that describes the nature of the breach
and corrective actions the CONSULTANT must undertake in order to avoid termination
of the contract. Owner reserves the right to withhold payments to CONSULTANT until
such time the CONSULTANT corrects the breach or the Owner elects to terminate the
contract. The Owner’s notice will identify a specific date by which the CONSULTANT
must correct the breach. Owner may proceed with termination of the contract if the
CONSULTANT fails to correct the breach by deadline indicated in the Owner’s notice.
PROFESSIONAL SERVICE AGREEMENT 14
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
12. Assignment/subcontracting.
12.1 The CONSULTANT shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
CONSULTANT not less than thirty (30) days prior to the date of any proposed
assignment. The CITY reserves the right to reject without cause any such
assignment.
12.2 Any work or services assigned hereunder shall be subject to each provision of
this Agreement and proper bidding procedures where applicable as set forth in
local, state and/or federal statutes, ordinances and guidelines.
12.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
13. Changes.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
14. Maintenance and Inspection of Records.
14.1 The CONSULTANT shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable
times to inspection, review, or audit, by the CITY, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor
this Agreement.
14.2 The CONSULTANT shall retain all books, records, documents and other material
relevant to this agreement, for six (6) years after its expiration. The
CONSULTANT agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
15. Other Provisions.
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement cannot
PROFESSIONAL SERVICE AGREEMENT 15
be reached, this Agreement may be terminated by the CITY no sooner than sixty (60) days
thereafter.
16. Termination.
16.1 Termination for Convenience.
a. The Owner may, by written notice to the CONSULTANT, terminate
this Agreement for its convenience and without cause or default on
the part of CONSULTANT. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must
immediately discontinue all services affected.
b. Upon termination of the Agreement, the CONSULTANT must deliver
to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
c. Owner agrees to make just and equitable compensation to the
CONSULTANT for satisfactory work completed up through the date
the CONSULTANT receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
d. Owner further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
16.2 Termination for Cause. Either party may terminate this Agreement for
cause if the other party fails to fulfill its obligations that are essential to the
completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an
opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written
notice of its intent to terminate the Agreement. The notice must specify the
nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this
clause are in addition to any other rights and remedies provided by law or under
this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or
in part, for the failure of the CONSULTANT to:
1. Perform the services within the time specified in this contract or by
Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance
of the Project;
PROFESSIONAL SERVICE AGREEMENT 16
3. Fulfill the obligations of the Agreement that are essential to the
completion of the Project.
Upon receipt of the notice of termination, the CONSULTANT must immediately
discontinue all services affected unless the notice directs otherwise. Upon
termination of the Agreement, the CONSULTANT must deliver to the Owner all
data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the
Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the CONSULTANT for
satisfactory work completed up through the date the CONSULTANT receives the
termination notice. Compensation will not include anticipated profit on non-
performed services.
Owner further agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
If, after finalization of the termination action, the Owner determines the
CONSULTANT was not in default of the Agreement, the rights and obligations of
the parties shall be the same as if the Owner issued the termination for the
convenience of the Owner.
b) Termination by CONSULTANT: The CONSULTANT may terminate this
Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
3. Suspends the Project for more than 180 days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, Owner agrees to
cooperate with CONSULTANT for the purpose of terminating the agreement or
portion thereof, by mutual consent. If Owner and CONSULTANT cannot reach
mutual agreement on the termination settlement, the CONSULTANT may,
without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner’s breach of the
contract.
In the event of termination due to Owner breach, the Engineer is entitled to
invoice Owner and to receive full payment for all services performed or furnished
in accordance with this Agreement and all justified reimbursable expenses
PROFESSIONAL SERVICE AGREEMENT 17
incurred by the CONSULTANT through the effective date of termination action.
Owner agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
17. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
18. Attorney’s Fees and Costs.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19. Jurisdiction and Venue.
19.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both
as to interpretation and performance.
19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
20. Severability.
20.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
20.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory
provisions.
21. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
PROFESSIONAL SERVICE AGREEMENT 18
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of the
provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the
day and year first hereinabove written.
CITY OF ARLINGTON CONSULTANT:
Dowl, LLC
______________________________ ____________________________
Barbara Tolbert, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
Exhibit A
Scope to be determined per project
City of Arlington Council Agenda Bill Item: CA #4 Attachment C
chapter 43.19A. By January 1, 2023, cities or counties meeting the criteria set forth in RCW 43.19A must adopt a “Compost Procurement Ordinance” requiring that the procurement and use of compost products be considered and requiring that the City plan for the use of compost on the following government funded projects except in limited circumstances:
(a) Landscaping projects; (b) Construction and post-construction soil amendments; (c) Applications to prevent erosion, filer stormwater runoff, promote vegetation growth, or improve the
ORDINANCE NO. 2022-XXX 1
ORDINANCE NO. 2022-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW
CHAPTER 3.102 OF THE ARLINGTON MUNICIPAL CODE TO ADD A COMPOST PROCUREMENT
REQUIREMENT IN COMPLIANCE WITH RCW 43.19A.150.
WHEREAS, the Washington State Legislature recently enacted House Bill 1799, which
requires that cities and counties with populations greater than 25,000, and those with existing
organics collection services, shall adopt a compost procurement ordinance to implement RCW
43.19A.120; and
WHEREAS, such ordinance must be adopted by January 1, 2023;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. A new chapter 3.102 of the Arlington Municipal Code is hereby added, to
read as follows:
CHAPTER 3.102
COMPOST PROCUREMENT
3.102.010 Compost Procurement.
3.102.010 – Compost procurement.
a. Definitions. For the purposes of this section, the definitions set forth in RCW
43.19A.010 shall apply, unless the context clearly requires otherwise.
b. When planning city-funded projects or soliciting and reviewing bids for
such projects, city departments shall identify whether compost can be
utilized in a city project. In the event that compost can be utilized, city
departments shall require purchase of compost for use in city projects.
c. City departments shall plan for the use of compost in any of the
following categories that are applicable to their operations and
project types:
1. Landscaping projects;
2. Construction and post construction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote
vegetative growth, or improve the stability and longevity of
roadways; and
4. Low-impact development and green infrastructure to filter
pollutants or to keep water onsite or both.
d. Notwithstanding subsections B and C of this section, city departments are
not required to use compost products if:
1. Compost products are not available within a reasonable time
or distance from the project;
ORDINANCE NO. 2022-XXX 2
2. Compost products that are available do not comply with
existing purchasing standards;
3. Compost products that are available do not comply with federal,
state or local health, quality and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
e. City departments shall give priority to purchasing compost products
from companies that:
1. Produce compost products locally;
2. Are certified by nationally recognized organization like the
US Composting Council; and
3. Produce compost products that are derived from municipal solid
waste compost programs and meet quality standards comparable
to standards adopted by the department of transportation or
adopted by rule by the department of ecology.
f. City departments that use compost shall report the following
information to the public works department by each December 15:
1. The volume and cost of compost purchased by the city
department in that year; and
2. The source or sources of the compost purchased by the
city department in that year.
g. The public works department is responsible for:
1. Providing technical assistance and education regarding the use
of food and yard waste compost to city departments and staff;
2. Conducting educational outreach to inform residents and
businesses about the value of food and yard waste compost and
how the city uses compost in its operations each year; and
3. Reporting the total estimated tons of organic material diverted
from the city’s waste stream because of compost use under this
section.
h. By December 31, 2024, and each December 31st of even-numbered years
thereafter, the city shall submit a report covering the previous year's
compost procurement activities to the department of ecology that
contains the following information:
1. The total tons of organic material diverted throughout the year;
2. The volume and cost of compost purchased throughout the year; and
3. The source or sources of the compost.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
ORDINANCE NO. 2022-XXX 3
Section 3. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 19th
day of December, 2022.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #1 Attachment D
consultants do not recommend changing the step numbers, as even though there will be no loss to employees, there may be a perception of a loss with the elimination of Step 1. Serious consideration should be given to the elimination of Step 2 in 2024, with an additional step added to
In 2022, the City again asked the Consultants to update the System to ensure it has stayed consistent with both external and internal equity.
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 18.00 18.50 19.00 19.50
A Finance Intern
A GIS Seasonal Worker
B 4,441 4,574 4,711 4,853 4,998 5,098 5,200 5,304 5,410 5,518 5,629 5,741
B 53,291 54,890 56,536 58,232 59,979 61,179 62,402 63,650 64,923 66,222 67,546 68,897
G Executive Analyst 5,892 6,069 6,251 6,438 6,631 6,764 6,899 7,037 7,178 7,322 7,468 7,617
G 70,702 72,823 75,008 77,258 79,576 81,168 82,791 84,447 86,136 87,858 89,616 91,408
H Communications Specialist 6,363 6,554 6,751 6,953 7,162 7,305 7,451 7,600 7,752 7,907 8,065 8,227
H Deputy Clerk 76,359 78,649 81,009 83,439 85,942 87,661 89,414 91,203 93,027 94,887 96,785 98,721
H Police Services Supervisor
I City Clerk/Executive Assistant 6,872 7,078 7,291 7,510 7,735 7,889 8,047 8,208 8,372 8,540 8,711 8,885
I Finance Accountant 82,467 84,941 87,489 90,114 92,818 94,674 96,567 98,499 100,469 102,478 104,528 106,618
I PW Accountant
J GIS Manager 7,422 7,645 7,874 8,110 8,354 8,521 8,691 8,865 9,042 9,223 9,407 9,596
J M&O Supervisor 89,065 91,737 94,489 97,323 100,243 102,248 104,293 106,379 108,506 110,676 112,890 115,148
K Airport Operations Manager 8,016 8,256 8,504 8,759 9,022 9,202 9,386 9,574 9,766 9,961 10,160 10,363
K Finance Supervisor 96,190 99,075 102,048 105,109 108,262 110,428 112,636 114,889 117,187 119,530 121,921 124,359
K Police Services Manager
K Water Utility Supervisor
K WW Utility Supervisor
L Building Official 8,657 8,917 9,184 9,460 9,744 9,938 10,137 10,340 10,547 10,758 10,973 11,192
L Development Services Manager 103,885 107,001 110,212 113,518 116,923 119,262 121,647 124,080 126,562 129,093 131,675 134,308
L M&O Manager
L Natural Resources/ SW Manager
L Planning Manager
L Utilities Manager
M Community Engagement Director 9,350 9,630 9,919 10,217 10,523 10,734 10,948 11,167 11,391 11,618 11,851 12,088
M Enterprise Data and Technology Manager 112,196 115,562 119,028 122,599 126,277 128,803 131,379 134,006 136,687 139,420 142,209 145,053
N Assistant Finance Director 10,098 10,401 10,713 11,034 11,365 11,592 11,824 12,061 12,302 12,548 12,799 13,055
N City Engineer 121,171 124,807 128,551 132,407 136,379 139,107 141,889 144,727 147,622 150,574 153,585 156,657
N Permit Center Manager
O Deputy Public Works Director 11,107 11,441 11,784 12,137 12,501 12,751 13,007 13,267 13,532 13,803 14,079 14,360
O Police Lieutenant 133,289 137,287 141,406 145,648 150,017 153,018 156,078 159,200 162,384 165,631 168,944 172,323
O IT Manager
P Human Resources Director 11,668 12,018 12,379 12,750 13,133 13,395 13,663 13,937 14,215 14,500 14,790 15,085
P 140,020 144,220 148,547 153,003 157,593 160,745 163,960 167,239 170,584 173,996 177,476 181,025
Q Administrative Services Director 12,252 12,619 12,998 13,388 13,789 14,065 14,347 14,633 14,926 15,225 15,529 15,840
Q Airport Director 147,021 151,431 155,974 160,653 165,473 168,782 172,158 175,601 179,113 182,695 186,349 190,076
Q Deputy Police Chief
R CED Director 12,864 13,250 13,648 14,057 14,479 14,768 15,064 15,365 15,672 15,986 16,306 16,632
R Finance Director 154,372 159,003 163,773 168,686 173,747 177,222 180,766 184,381 188,069 191,830 195,667 199,580
R Information Technology Director
R Public Works Director
Jan 2023 Non-Represented Employees
S Police Chief 13,450 13,853 14,269 14,697 15,138 15,440 15,749 16,064 16,386 16,713 17,047 17,388
S 161,395 166,237 171,224 176,361 181,652 185,285 188,991 192,771 196,626 200,559 204,570 208,661
T City Administrator 14,795 15,238 15,696 16,166 16,651 16,984 17,324 17,671 18,024 18,385 18,752 19,127
T 177,535 182,861 188,347 193,997 199,817 203,814 207,890 212,048 216,289 220,614 225,027 229,527
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 18.45 18.96 19.48 19.99
A Finance Intern
A GIS Seasonal Worker
B 4,552 4,688 4,829 4,974 5,123 5,226 5,330 5,437 5,546 5,656 5,770 5,885
B 54,623 56,261 57,949 59,688 61,478 62,708 63,962 65,241 66,546 67,877 69,235 70,619
G Executive Analyst 6,039 6,220 6,407 6,599 6,797 6,933 7,072 7,213 7,357 7,505 7,655 7,808
G 72,470 74,644 76,883 79,189 81,565 83,196 84,860 86,558 88,289 90,054 91,856 93,693
H Communications Specialist 6,522 6,718 6,919 7,127 7,341 7,488 7,637 7,790 7,946 8,105 8,267 8,432
H Deputy Clerk 78,267 80,615 83,034 85,525 88,090 89,852 91,649 93,482 95,352 97,259 99,204 101,188
H Police Services Supervisor
I City Clerk/Executive Assistant 7,044 7,255 7,473 7,697 7,928 8,087 8,248 8,413 8,582 8,753 8,928 9,107
I Finance Accountant 84,529 87,064 89,676 92,367 95,138 97,040 98,981 100,961 102,980 105,040 107,140 109,283
I PW Accountant
J GIS Manager 7,608 7,836 8,071 8,313 8,562 8,734 8,908 9,086 9,268 9,454 9,643 9,835
J M&O Supervisor 91,291 94,030 96,850 99,756 102,749 104,804 106,900 109,038 111,218 113,443 115,712 118,026
K Airport Operations Manager 8,216 8,463 8,717 8,978 9,247 9,432 9,621 9,813 10,010 10,210 10,414 10,622
K Finance Supervisor 98,594 101,552 104,598 107,736 110,968 113,188 115,452 117,761 120,116 122,518 124,969 127,468
K Police Services Manager
K Water Utility Supervisor
K WW Utility Supervisor
L Building Official 8,873 9,140 9,414 9,696 9,987 10,187 10,391 10,598 10,810 11,027 11,247 11,472
L Development Services Manager 106,482 109,676 112,966 116,355 119,846 122,243 124,688 127,181 129,725 132,320 134,966 137,665
L M&O Manager
L Natural Resources/ SW Manager
L Planning Manager
L Utilities Manager
M Community Engagement Director 9,583 9,871 10,167 10,472 10,786 11,002 11,222 11,446 11,675 11,909 12,147 12,390
M Enterprise Data and Technology Manager 115,000 118,450 122,004 125,664 129,434 132,022 134,663 137,356 140,103 142,905 145,763 148,679
N Assistant Finance Director 10,350 10,661 10,980 11,310 11,649 11,882 12,120 12,362 12,609 12,861 13,119 13,381
N City Engineer 124,200 127,926 131,764 135,717 139,788 142,584 145,436 148,344 151,311 154,338 157,424 160,573
N Permit Center Manager
Deputy Public Works Director 11,385 11,727 12,078 12,441 12,814 13,070 13,332 13,598 13,870 14,148 14,431 14,719
O Deputy Public Works Director 136,620 140,719 144,940 149,288 153,767 156,842 159,979 163,179 166,442 169,771 173,167 176,630
O Police Lieutenant
O IT Manager
P Human Resources Director 11,960 12,319 12,688 13,069 13,461 13,730 14,005 14,285 14,571 14,862 15,159 15,462
143,519 147,825 152,260 156,828 161,532 164,763 168,058 171,419 174,848 178,345 181,912 185,550
Q Administrative Services Director 12,558 12,935 13,323 13,722 14,134 14,417 14,705 14,999 15,299 15,605 15,917 16,236
Q Airport Director 150,695 155,216 159,873 164,669 169,609 173,001 176,461 179,990 183,590 187,262 191,007 194,827
Q Deputy Police Chief
R CED Director 13,186 13,581 13,989 14,409 14,841 15,138 15,440 15,749 16,064 16,385 16,713 17,047
R Public Works Director 158,230 162,977 167,866 172,902 178,089 181,651 185,284 188,990 192,770 196,625 200,558 204,569
July 2023 Non-Represented Employees
R Finance Director
R Information Technology Director
S Police Chief 13,786 14,199 14,625 15,064 15,516 15,826 16,143 16,466 16,795 17,131 17,474 17,823
S 165,430 170,393 175,504 180,769 186,193 189,916 193,715 197,589 201,541 205,572 209,683 213,877
T City Administrator 15,164 15,619 16,088 16,571 17,068 17,409 17,757 18,112 18,475 18,844 19,221 19,605
T 181,973 187,432 193,055 198,846 204,812 208,908 213,086 217,348 221,695 226,129 230,651 235,264
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 18.82 19.34 19.87 20.39
A Finance Intern
A GIS Seasonal Worker
B 4,782 4,926 5,073 5,226 5,330 5,437 5,546 5,656 5,770 5,885 6,003 6,123
57,387 59,109 60,882 62,708 63,962 65,242 66,546 67,877 69,235 70,620 72,032 73,473
6,345 6,535 6,731 6,933 7,072 7,213 7,357 7,504 7,655 7,808 7,964 8,123
G Executive Analyst 76,136 78,420 80,773 83,196 84,860 86,557 88,288 90,054 91,855 93,692 95,566 97,477
H Communications Specialist 6,852 7,058 7,270 7,488 7,637 7,790 7,946 8,105 8,267 8,432 8,601 8,773
H Deputy Clerk 82,227 84,694 87,235 89,852 91,649 93,482 95,351 97,258 99,203 101,188 103,211 105,276
H Police Services Supervisor
I City Clerk/Executive Assistant 7,400 7,622 7,851 8,087 8,248 8,413 8,582 8,753 8,928 9,107 9,289 9,475
I Finance Accountant 88,805 91,469 94,213 97,040 98,981 100,960 102,979 105,039 107,140 109,283 111,468 113,698
I PW Accountant
J GIS Manager 7,992 8,232 8,479 8,734 8,908 9,086 9,268 9,454 9,643 9,835 10,032 10,233
J M&O Supervisor 95,910 98,787 101,750 104,803 106,899 109,037 111,218 113,442 115,711 118,025 120,386 122,793
K Airport Operations Manager 8,632 8,891 9,158 9,432 9,621 9,813 10,010 10,210 10,414 10,622 10,835 11,051
K Finance Supervisor 103,582 106,690 109,890 113,187 115,451 117,760 120,115 122,517 124,968 127,467 130,017 132,617
K Police Services Manager
K Water Utility Supervisor
K WW Utility Supervisor
9,322 9,602 9,890 10,187 10,391 10,598 10,810 11,027 11,247 11,472 11,701 11,936
L Building Official 111,869 115,225 118,682 122,242 124,687 127,181 129,724 132,319 134,965 137,665 140,418 143,226
L Development Services Manager
L M&O Manager
L Natural Resources/ SW Manager
L Planning Manager
L Utilities Manager
M Community Engagement Director 10,068 10,370 10,681 11,002 11,222 11,446 11,675 11,909 12,147 12,390 12,638 12,890
M Enterprise Data and Technology Manager 120,818 124,443 128,176 132,022 134,662 137,355 140,102 142,904 145,762 148,678 151,651 154,684
N Assistant Finance Director 10,874 11,200 11,536 11,882 12,120 12,362 12,609 12,861 13,119 13,381 13,649 13,922
N City Engineer 130,484 134,398 138,430 142,583 145,435 148,344 151,310 154,337 157,423 160,572 163,783 167,059
N IT Manager
N Permit Center Manager
11,961 12,320 12,689 13,070 13,332 13,598 13,870 14,148 14,430 14,719 15,013 15,314
O Deputy Public Works Director 143,532 147,838 152,273 156,842 159,978 163,178 166,442 169,770 173,166 176,629 180,162 183,765
O Police Lieutenant
P Human Resources Director 12,565 12,942 13,330 13,730 14,005 14,285 14,571 14,862 15,159 15,462 15,772 16,087
150,781 155,304 159,963 164,762 168,057 171,418 174,847 178,344 181,911 185,549 189,260 193,045
Q Administrative Services Director 13,193 13,589 13,997 14,417 14,705 14,999 15,299 15,605 15,917 16,236 16,560 16,891
Q Airport Director 158,320 163,069 167,961 173,000 176,460 179,989 183,589 187,261 191,006 194,826 198,723 202,697
Q Deputy Police Chief
January 2024 Non-Represented Employees
R CED Director 13,853 14,269 14,697 15,138 15,440 15,749 16,064 16,385 16,713 17,047 17,388 17,736
R Public Works Director 166,236 171,223 176,359 181,650 185,283 188,989 192,769 196,624 200,557 204,568 208,659 212,832
R Finance Director
R Information Technology Director
S Police Chief 14,483 14,918 15,365 15,826 16,143 16,466 16,795 17,131 17,473 17,823 18,179 18,543
S 173,799 179,013 184,384 189,915 193,714 197,588 201,540 205,570 209,682 213,875 218,153 222,516
T City Administrator 15,932 16,410 16,902 17,409 17,757 18,112 18,474 18,844 19,221 19,605 19,997 20,397
191,179 196,915 202,822 208,907 213,085 217,347 221,694 226,127 230,650 235,263 239,968 244,768
Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 19.20 19.73 20.27 20.80
A Finance Intern
A GIS Seasonal Worker
B 4,878 5,024 5,175 5,330 5,437 5,546 5,656 5,770 5,885 6,003 6,123 6,245
58,535 60,291 62,100 63,963 65,242 66,547 67,878 69,235 70,620 72,032 73,473 74,942
6,472 6,666 6,866 7,072 7,213 7,357 7,505 7,655 7,808 7,964 8,123 8,286
G Executive Analyst 77,659 79,989 82,388 84,860 86,557 88,288 90,054 91,855 93,692 95,566 97,478 99,427
H Communications Specialist 6,989 7,199 7,415 7,637 7,790 7,946 8,105 8,267 8,432 8,601 8,773 8,948
H Deputy Clerk 83,872 86,388 88,980 91,649 93,482 95,352 97,259 99,204 101,188 103,212 105,276 107,381
H Police Services Supervisor
I City Clerk/Executive Assistant 7,548 7,775 8,008 8,248 8,413 8,582 8,753 8,928 9,107 9,289 9,475 9,664
I Finance Accountant 90,581 93,299 96,098 98,981 100,960 102,980 105,039 107,140 109,283 111,468 113,698 115,972
I PW Accountant
J GIS Manager 8,152 8,397 8,649 8,908 9,086 9,268 9,454 9,643 9,835 10,032 10,233 10,437
J M&O Supervisor 97,828 100,763 103,786 106,899 109,037 111,218 113,442 115,711 118,025 120,386 122,794 125,250
K Airport Operations Manager 8,805 9,069 9,341 9,621 9,813 10,010 10,210 10,414 10,622 10,835 11,051 11,272
K Finance Supervisor 105,654 108,824 112,089 115,451 117,760 120,115 122,518 124,968 127,468 130,017 132,617 135,270
K Police Services Manager
K Water Utility Supervisor
K WW Utility Supervisor
9,509 9,794 10,088 10,391 10,598 10,810 11,027 11,247 11,472 11,702 11,936 12,174
L Building Official 114,107 117,530 121,056 124,687 127,181 129,725 132,319 134,966 137,665 140,418 143,227 146,091
L Development Services Manager
L M&O Manager
L Natural Resources/ SW Manager
L Planning Manager
L Utilities Manager
M Community Engagement Director 10,270 10,578 10,895 11,222 11,446 11,675 11,909 12,147 12,390 12,638 12,890 13,148
M Enterprise Data and Technology Manager 123,235 126,932 130,740 134,662 137,356 140,103 142,905 145,763 148,678 151,652 154,685 157,778
N Assistant Finance Director 11,091 11,424 11,767 12,120 12,362 12,609 12,861 13,119 13,381 13,649 13,922 14,200
N City Engineer 133,094 137,087 141,199 145,435 148,344 151,311 154,337 157,424 160,572 163,784 167,059 170,401
N IT Manager
N Permit Center Manager
12,200 12,566 12,943 13,332 13,598 13,870 14,148 14,431 14,719 15,014 15,314 15,620
O Deputy Public Works Director 146,403 150,795 155,319 159,979 163,178 166,442 169,771 173,166 176,630 180,162 183,765 187,441
O Police Lieutenant
P Human Resources Director 12,816 13,201 13,597 14,005 14,285 14,571 14,862 15,159 15,462 15,772 16,087 16,409
153,797 158,411 163,163 168,058 171,419 174,847 178,344 181,911 185,549 189,260 193,046 196,906
Q Administrative Services Director 13,457 13,861 14,277 14,705 14,999 15,299 15,605 15,917 16,236 16,560 16,891 17,229
Q Airport Director 161,487 166,331 171,321 176,461 179,990 183,590 187,261 191,007 194,827 198,723 202,698 206,752
Q Deputy Police Chief
July 2024 Non-Represented Employees
R CED Director 14,130 14,554 14,991 15,440 15,749 16,064 16,385 16,713 17,047 17,388 17,736 18,091
R Public Works Director 169,561 174,648 179,887 185,284 188,989 192,769 196,625 200,557 204,568 208,660 212,833 217,089
R Finance Director
R Information Technology Director
S Police Chief 14,773 15,216 15,673 16,143 16,466 16,795 17,131 17,474 17,823 18,179 18,543 18,914
S 177,276 182,594 188,072 193,714 197,588 201,540 205,571 209,682 213,876 218,154 222,517 226,967
T City Administrator 16,250 16,738 17,240 17,757 18,112 18,475 18,844 19,221 19,605 19,997 20,397 20,805
195,003 200,854 206,879 213,086 217,347 221,694 226,128 230,651 235,264 239,969 244,768 249,664
City of Arlington Council Agenda Bill Item: NB #2 Attachment E
The Directors annual vacation cash out allows Directors to cash in 24 hours of unused vacation in 2023, and 40 hours in 2024, providing they have a balance of 120 hours at the time of cash out. Other IRS rules apply and the fund will be deposited into a medical saving account for use on uncovered medical cost.
employees’ benefits are described in the employee policy handbook and salary scheduled adopted by
City of Arlington Council Agenda Bill Item: NB #3 Attachment F
hiring bonus, leave bank, and relocation expenses. This can be applied to applicants for critical positions
TEMPORARY HIRING AND RETENTION INCENTIVE POLICY FOR
NON-REPRESENTED AND AFSCME-REPRESENTED POSITIONS
The statements contained in this policy are guiding and summaries. They do not
bind the City of Arlington. The City reserves the right to change, revoke or make
exceptions to the City policies at any time and at its sole discretion.
This policy shall automatically expire on December 31, 2024, if not extended by the
Mayor with approval of the City Council.
1.0 PURPOSE
To establish a policy and procedures, for the issuance of a financial incentive to newly
hired Non-Represented and AFSCME-Represented employees, where appropriate at the
discretion of the Mayor in consultation with the City Administrator.
A labor shortage has been observed, strongly impacting the City’s ability to fill certain
positions. This recognized labor shortage has resulted in longer vacancy periods and a
decrease in qualified applicants for City of Arlington employment positions. Currently, the
local employment market is extremely competitive and the City has an interest in
attracting qualified professional employees. The City recognizes that recruiting and hiring
an experienced and professional workforce who possess the proper skill sets and training
is critical to effectively delivering municipal services to the Arlington community and
ensuring the long-term well-being of the City.
2.0 DEFINITIONS
Difficult to recruit – job classifications that are highly competitive in the labor market due
to specialized skills and/or certifications, high turnover, or labor shortage that significantly
complicates the City’s efforts to recruit and retain staff.
Financial incentive – a monetary payment by the City of Arlington to a new or current
employee.
3.0 GENERAL PROVISIONS
A candidate for a position with the City of Arlington who has accepted an offer for a
position designated as difficult to recruit are eligible for an award of a financial incentive
at time of hire, at the discretion of the Mayor in consultation with the City Administrator.
3.1 Applicability. The Mayor shall have the authority to designate specific classifications
as difficult to recruit under any of the following circumstances:
3.1.1 Standard Advertising. Recruitments utilizing standard advertising on the
City’s vendor, NEOGOV (governmentjobs.com), the Association of Washington
Cities JobNet, and/or other standard internet job boards to generate qualified
applicants. Standard advertising timing is a minimum of three (3) weeks for
purposes of this policy.
3.1.2 Specialty Advertising. Advertising in trade journals, specialty publications,
direct mail solicitations, and/or retention of a professional recruitment firm for two
consecutive recruitments or for at least a period of three (3) weeks fails to
generate an adequate pool of qualified applicants.
3.1.3 Job Market. The job market is highly competitive due to a documented
shortage of applications and/or the position is critical to City operations.
3.1.4 Specific Requirements. Technical expertise, certifications, licensing and/or
advanced educational requirements limit the pool of qualified applicants.
3.2 Approval. Upon designating a classification as difficult to recruit, the Mayor shall
have the authority to:
3.2.1 Recruitment. Approve positions (classifications) to receive recruitment
incentives during active recruitments.
3.3 Eligibility. Persons hired in positions deemed difficult to recruit by the City on or after
the effective date are eligible to receive a financial incentive with the following
conditions and repayment obligations:
3.3.1 Structure. Financial incentives shall be issued in increments equivalent to
the recipient employee’s monthly salary, up to a maximum of $20,000.
3.3.2 Offer and Acceptance. Incentives shall be offered by the City expressly in
writing. Incentive offers to new employees shall be stated in their employment
offer letter. Return of a signed copy of the offer letter to the Human Resources
Department shall constitute the employee’s acceptance of the offered financial
incentive.
New Employees. Persons hired by the City into a full-time position in a classification
designated as difficult to recruit, on or after the effective date, are eligible to receive a
financial incentive based on their number of years of full-time equivalent, relevant
professional work experience as determined by the HR Department. Monetary
incentives shall be paid over three (3) installments of equal value with the first paycheck
after being formally hired, after six (6) months of employment, and after twelve (12)
months of employment. The incentive will be paid in three installments equal to the
following total incentive:
3.3.3 Zero to two (0-2) years of experience. One-month salary equivalent.
3.3.4 Three to five (3-5) years of experience. Two-months’ salary equivalent.
3.3.5 Over six (6)+ years of experience. Three-months’ salary equivalent.
3.4 Accrual Incentive. An employee hired into a classification designated as difficult to
recruit are also eligible to receive an accrual incentive in accordance with the following:
3.4.1 Sick Leave Hiring Bank. An initial sick leave bank not to exceed eighty (80)
hours.
3.4.3 Vacation Leave Hiring Bank. The City may also provide an initial vacation
leave bank amount not to exceed forty (40) hours.
3.4.4 Relocation Stipend. In addition to the other incentives as outlined herein,
the Mayor in consultation with the City Administrator shall also have the discretion to
authorize a relocation stipend up to a maximum of $20,000, with no stacking of other
incentives as mentioned herein and subject to the same cumulative maximum of
$20,000 of any combination of hiring incentive(s).
3.4.5 No Cash Value. Amounts applied to an employee’s leave bank as part of
this program shall not have any cash value and are not subject to payout upon an
employee’s voluntary separation within the first year (12 months) of the date of
issuance. The value of any granted accrued leave counts against the $20,000 incentive
cap in the policy when combined with any financial incentive amount.
3.5 Not to Exceed. The total value of financial incentive paid to an eligible employee
shall be capped at and not exceed $20,000. This does include any initial vacation/ sick
leave hiring bank(s).
3.6Monetary Incentive: Recruitment and retention incentives are offered in
consideration of the new employee’s agreement to serve the City for a period of not less
than three (3) years of continuous service. The payment and provision of the incentives
are conditioned on the new employee’s written agreement to repay the incentives
pursuant to the Schedule set forth below in the event of a voluntary separation prior to
the end of three (3) years of employment. The conditions for the incentive bonus will be
considered fully executed if the employee successfully completes thirty-six (36) months
of continuous employment with the City. For new employees, the thirty-six (36) month
period is measured from the employee’s first day of employment (hire date) to any
separation date (last day of work). If the employee is separated from employment for
any reason, including resignation, except in the case medical disability or death, the
incentive must be repaid on the following schedule:
Separation from Employment Repayment Obligation
3.7 Exception for Payment Schedule of Relocation Stipend. Notwithstanding the
provisions in the section above, the Mayor in consultation with the City Administrator
shall have the authority to grant any portion of a Relocation Stipend in one (1) or two (2)
lump-sum payments at or after the time of hire. Such payments shall still be required to
be paid back if the newly hired employee leaves employment prior to thirty-six (36)
months of service.
3.8 Repayment. Through submission of signed acceptance of the offer by the
employee, pursuant to section 3.3.2 of this policy, the employee agrees that the City
may deduct any repayments from their final paycheck. This requirement shall be
expressly stated in the offer documentation.
3.9 Conditions. All incentives are subject to required and permissible payroll deductions
and withholdings. In addition to the terms of section 3.3, in the event of separation
before the conclusion of the thirty-six (36)-month period, the City may offset any amount
owed by the City against any payments, including but not limited to payments for
wages, bonuses, expenses, or vacation pay, otherwise owed by the City to the
employee, in addition to other rights and remedies available to the City under applicable
law.
3.10 Effective Date. This policy shall be effective upon the date of approval by the City
Council.
3.11 Expiration. This policy shall automatically expire on December 31, 2024, if not
extended by the Mayor with approval of the City Council.
3.12 Termination. The City may terminate this policy at any time and for any reason.
Termination of this policy shall not create any obligation to bargain with any employee
bargaining units. Upon expiration or termination, any current or new employee who has
been offered a financial incentive in writing will be permitted to receive or maintain the
incentive, except as otherwise set forth herein. No new offers may be made including
these incentives after termination.
3.13 Integration and Severability. To the extent that this policy is inconsistent with the
City’s Personnel Policies, this policy controls. If the provisions of this document conflict
with a Collective Bargaining Agreement (CBA), the CBA will prevail. The terms or
condition of this policy is found to be invalid; the remaining terms and conditions shall
remain in full force and effect.
City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: December 19, 2022 SUBJECT: Recruitment Incentives for Commissioned Police Officers ATTACHMENTS: Policy DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Police BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: Extend the hire incentives program for commissioned police officers for fiscal years 2023 and 2024. The program provides an incentive for experienced commissioned officers to apply for opened positions, and a bilingual recruitment incentive of up to $5,000.00 is also proposed to continue, both for lateral and entry-level candidates. This would continue to be applicable to candidates that have spoken language proficiency in Spanish or American Sign Language, and would not be eligible to be stacked over the
1/17/2021 1 of 3
Limited Term Lateral Police Officer Incentive Program*
*(Program begins January 1, 2023, and sunsets December 31, 2024, unless revoked,
modified or cancelled prior)
Overview
The City of Arlington Police Department is recently experiencing a shortage of police
officers and currently has multiple vacant police officer positions. More vacancies are
anticipated in the next few years due to pending anticipated retirements.
Lateral hire police officers are currently highly desirable to the Arlington Police
Department due to the significantly reduced amount of time between their date of hire
and when they are independent, fully functional police officers. While entry level officers
require a minimum of one year before working as fully functional police officers in the
field, lateral hire police officers only take two to six months to be fully operational. The
Police Department also anticipates immediate benefits from the experience lateral hire
police officers bring from their previous employment, which is paramount when losing
experienced officers to retirement. Finally, there are anticipated budget savings from
hiring lateral police officers because of the cost and current scheduling delays when
sending entry level candidates through the Washington State Basic Law Enforcement
Academy.
This program may provide a monetary incentive of up to $20,000.00, paid in two equal
installments, to qualified lateral hire police officers who successfully complete at least
2.5 years of continuous service from their most recent date of hire into the Arlington
Police Department. The first installment shall be made on the next full pay period after
hire. The second installment shall be made on the next full pay period upon successful
completion of probation. Repayment shall be required in any circumstance in which a
lateral police officer hire is terminated for any reason or voluntarily separates
employment with the City as a police officer prior to working 2.5 years from their most
recent date of hire and shall be required to repay a prorated amount of the incentive
received, according to the repayment schedule listed below.
Scope/Limitations of Program
• The City of Arlington retains the right to revoke, modify or cancel this program at
any time.
• Participation in this program is voluntary and subject to all conditions, obligations
and limitations thereto.
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• City hiring officials shall have and retain full discretion to determine the conditions
of any employment offer, including any lateral officer incentive amount.
• Employees must sign the attached Arlington Police Department Lateral Police
Officer Hiring Incentive and Repayment Agreement and complete one full
workday of service before any payment is made.
• Employees receiving the maximum amount (up to $20,000.00 paid in two
$10,000.00 installments for candidates possessing current Washington State
Peace Officer Certification and/or current Basic Law Enforcement Academy
certification and up to $10,000.00 paid in two $5,000.00 installments for
candidates eligible for Washington State equivalency) of incentive pay shall for
which they are eligible shall be subject to the repayment schedule as indicated
below. The amounts indicated shall be prorated in the case of any incentive offer
in an amount less than the maximum $20,000.00 or $10,000.00.
Lateral Police Officer Incentive Repayment Schedule In-State**
**Amounts prorated if less than maximum $20,000.00 incentive amount.
Payment Installments Repayment Timeframe Repayment Amount
1st $10,000.00 First day of work < 6 months $10,000.00
2nd $10,000.00 (1 year) $17,500.00
(1.5 years) $12,500.00
(2 years) $7,500.00
(2.5 years) $2,500.00
After completion of 2.5 years $0
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Lateral Police Officer Incentive Repayment Schedule Out-of-State***
***Amounts prorated if less than maximum $10,000.00 incentive amount.
Payment Installments Repayment Timeframe Repayment Amount
1st $5,000.00 First day of work < 6 months $5,000.00
2nd $5,000.00 (1 year) $8,750.00
(1.5 years) $6,250.00
(2 years) $3,750.00
(2.5 years) $1,250.00
After completion of 2.5 years $0